Where Is Abortion Illegal? New State Abortion Bans Take Effect

Contributing sentiments towards policy:

59% : Abortion is legal in Maryland up until the point of fetal viability, though in the case of a minor, parents must be notified.
56% :Colorado allows abortion until fetal viability, though parents of minors must be notified.
56% :Anti-abortion advocates are gathering signatures to get a measure on the ballot in November, stating that nothing in the constitution secures or protects the right to an abortion, which it calls "a unique and destructive act that terminates the life of an unborn human being.
53% : To fully comprehend the status of abortion in each state, it helps to understand frequently used terms.
52% : The Alaska Supreme Court ruled that abortion is protected by the state constitution.
52% : Enforcement of the law has been stayed while a Planned Parenthood lawsuit works its way through the courts.
51% :Abortion in California is legal until the point of fetal viability.
51% : Massachusetts allows abortion until fetal viability.
48% : Before Dobbs, abortion was legal in North Carolina until fetal viability, considered approximately 22 weeks.
47% :Read more: Common Abortion and Pregnancy Terms, ExplainedWith the Dobbs decision overturning Roe v. Wade, access to abortion now varies greatly from state to state.
47% : In April 2022, Colorado lawmakers passed HB 22-1279, codifying protections for reproductive care, including abortion, and ensuring that fertilized eggs, embryos and fetuses don't have the rights of personhood under Colorado law.
47% : In 1970, Hawaii became the first state to fully legalize abortion up to the point of fetal viability.
47% :Abortion in Montana is protected by a 1999 state Supreme Court decision that isn't affected by the overturning of Roe v. Wade.
47% : Abortion has been legal in Puerto Rico since 1937.
47% :Until now abortion in Wisconsin has been legal up to the 22nd week, though state regulations require counseling, parental consent for minors, a 24-hour waiting period and mandatory ultrasound.
46% : A referendum on the November ballot would enshrine the right to abortion and access to contraception in the California constitution.
46% : Previously, abortion was legal in Georgia up to 20 weeks into a pregnancy.
46% : A referendum before voters in November, the Medical Care Requirements for Born-Alive Infants Measure, would extend legal personhood to infants "born alive" at any stage of development, and require infants born from induced labor, cesarean section or failed abortion to receive medical care.
46% : In 1983, abortion became a right under the state Constitution.
46% : In 2018, the right to abortion was written into a state law that also requires insurers that provide maternity care to cover abortions.
45% :Read more: How Abortion Searches Online Can Be Used Against YouAbortion is legal in Illinois up until the point of fetal viability, and that isn't expected to change.
45% : The Michigan Bureau of Elections is validating signatures received to put a referendum on the ballot in November that would affirm the right to abortion in the state constitution.
45% : Abortion remains legal in New Jersey.
45% :Abortion is generally legal in Virginia up until 25 weeks of gestation.
44% : This fall, ballot initiatives in Kentucky and Montana could further restrict access to abortion, while in Vermont and California, voters will decide whether to codify abortion protections in their state constitutions.
44% : Assembly Bill 6260, passed in January 2022, protects the right to abortion and removed several restrictions from the law, including the requirement that only physicians provide abortions.
44% : On June 24, a federal judge lifted an injunction against Ohio's so-called "fetal heartbeat" law, which bans abortion after the detection of fetal cardiac activity -- about six weeks into a pregnancy -- with an exception if the life of the patient is at stake but not in cases of rape or incest.
44% : The statute makes exceptions for miscarriages, ectopic pregnancies, to save the life of the patient and if the pregnancy is the result of rape or incest that has been reported to law enforcement.
44% : In 2017, the state began allowing nonphysician health professionals to provide abortion care and passed a law that requires private insurers to cover the costs of abortion.
43% : Starting July 1, medical providers are shielded from laws in other states that have outlawed abortion, as are patients who travel to the state for abortion services and anyone who helps them.
43% : In 2018 the state passed a law removing outdated restrictions on abortion.
43% : In 2021, the state removed a prohibition on state exchange insurance covering abortion.
42% : In 2019, the state removed regulations for abortion providers with a law declaring a "fundamental right" to abortion.
42% : Under Roe, abortion was strictly limited, with mandatory state-based counseling, a 24-hour waiting period and a ban on abortions after 20 weeks post-fertilization.
42% : On July 27, the day HB 92 was set to take effect, a judge temporarily blocked enforcement of the law, siding with a women's health clinic that argued it violates an amendment to the Wyoming constitution saying competent adults have the right to make their own health care decisions.
41% : Almost all state laws banning abortion make exceptions for life-threatening pregnancies or medical emergencies, although several require that two physicians diagnose the pregnancy as life-threatening.
41% : On Aug. 2, Kansans overwhelmingly rejected a constitutional amendment that would have removed state protections for abortion, which is allowed there until 22 weeks of pregnancy.
41% : In late 2020, the state also passed legislation called the Roe Act, which expanded access to abortion and made it explicitly legal in the case of Roe v. Wade being overturned.
41% : In 1990, state law revisions protecting abortion were passed by referendum and can't be changed by the legislature without a repeal from state voters.
41% : New York state legalized abortion in 1970, three years before the Supreme Court ruling in Roe v. Wade, and a 2019 law lifted several restrictions, including a requirement that only physicians could provide abortions.
40% : A fetus that can't live independently at any stage is considered "non-viable."Even under Roe, most states restricted abortion after fetal viability with some exceptions for "fatal fetal anomalies."
40% : Several state abortion restrictions that were passed in 2021 are being challenged in court by Planned Parenthood.
40% : There's no law protecting abortion in New Mexico, but the overturning of Roe v. Wade doesn't immediately impact abortion access in the state.
40% : In 2018, voters rejected a ballot measure to restrict use of state funds for abortion.
40% : Abortion is also permissible in the case of a fatal defect or "severe brain abnormality" in the fetus.
40% : Vermont has no major restrictions on abortion.
40% : In 2018, West Virginia voters agreed to amend the state constitution to specifically declare that it doesn't include any right to abortion.
39% : On Aug. 2, Kansans rejected a constitutional amendment that would've removed state protections for abortion.
39% : In addition, while the abortion debate is often framed as involving a woman's right to choose, and many abortion laws refer specifically to "the life of the mother" being at risk, access to abortion doesn't only concern cisgender women: It impacts anyone whose body is capable of getting pregnant, which includes trans men, intersex people and nonbinary and gender-expansive individuals.
38% : Some state laws outlaw abortion at six to seven weeks -- before many women are aware they're pregnant.
38% :Alaskans will decide in a November 2022 referendum whether to hold a constitutional convention as a path toward banning abortion in the state.
38% : Opponents of the measure say missing spaces in the ballot initiative mean it includes "extended passages of incomprehensible argle-bargle."Minnesotans' right to abortion is protected by a 1995 ruling by the state's Supreme Court, and Gov. Tim Walz has declared that "no abortion ban will ever become law" during his term.
38% : New Hampshire has no specific laws protecting abortion.
38% : In 2019, state lawmakers repealed a law criminalizing abortions after 12 weeks and replaced it with a measure that added statutory protections but didn't guarantee the right to abortion in the state constitution.
36% : A federal judge has temporarily blocked part of the new law, saying the state can't ban abortion when it conflicts with federal law about emergency abortion care.
36% : In 1969, New Mexico passed a law criminalizing abortion, but the state legislature repealed it in February 2021.
35% : A law dating to 1849 makes abortion a felony, but it's not clear if the 173-year-old ban will now go into effect as State Attorney General Josh Kaul has said he wouldn't enforce the "draconian" law.
34% : On June 28, a Houston judge temporarily blocked enforcement of the 97-year-old law after the ACLU filed suit.
33% :Democratic Gov. Gavin Newsom has pledged to make California an abortion sanctuary state, establishing it as a haven for people who need access to abortion, whether they live in California or not.
32% : In November 2022, Kentucky voters will decide by referendum whether the Kentucky state constitution suggests a right to abortion or requires government funding for abortion.
32% : In 1992, Maryland voters passed a referendum affirming access to abortion, intended to protect abortion in Maryland in case the US Supreme Court overturned Roe v. Wade.
31% : In April 2022, Republican Gov. Ron DeSantis signed a law banning abortion after 15 weeks, set to take effect July 1, with exceptions to prevent serious harm or death of the patient but not cases of incest, rape or human trafficking.
30% : With Roe v. Wade overturned, opponents of abortion are looking to enforce a 1931 law making all abortions illegal.
26% : In 2019, Republican Gov. Phil Scott signed Act 47, a sweeping reproductive rights law that established the right to abortion without government interference.
25% : A 2019 law, Section 2599-BB, removed abortion from the New York state criminal code and allowed abortion after 24 weeks in the case of a life-threatening pregnancy or a nonviable fetus.
17% : On June 30, Judge John Cooper temporarily blocked enforcement of the 15-week ban, calling it unconstitutional because it violates the privacy provision of the Florida constitution.

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